Wilshere and Wilshere (Child support)

This matter concerned an appeal by the father, Mr Wilshere, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had determined that the father had a 65% care responsibility for the child, which was later revoked and a new determination made, resulting in a 35% care responsibility for the father. The father sought to have this latter determination set aside.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, which would justify the Registrar revoking the existing percentage of care determination and making a new one. The court was required to consider the evidence presented regarding the actual care arrangements and assess whether these constituted a "change" in the established pattern of care.

The court found that the Registrar had erred in revoking the initial percentage of care determination. It reasoned that the evidence did not demonstrate a significant or lasting change to the likely pattern of care that would warrant the Registrar's intervention. The court applied the principles governing the assessment of percentage of care, emphasising that a mere fluctuation or temporary alteration in care arrangements does not necessarily constitute a change sufficient to trigger a review and redetermination under the relevant legislation.

Consequently, the court set aside the Registrar's decision to revoke the existing percentage of care determination and substituted it with a finding that the original determination of 65% care responsibility for the father should stand.